Slater v R [2015] NSWCCA 310

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Slater v R [2015] NSWCCA 310 Hearing dates: 16 November 2015 Date of orders: 16 November 2015 Decision date: 08 December 2015 Before: Johnson J at [1] Beech-Jones J at [44] R S Hulme AJ at [47] Decision: (1) To the extent it is required, leave is granted to appeal against conviction. (2) The appeal against conviction on Counts 2 to 8 is allowed. (3) The convictions and sentences on Counts 2 to 8 are quashed. (4) Verdicts of acquittal are entered on each of Counts 2 to 8. Catchwords: CRIMINAL LAW – appeal against convictions – Appellant convicted of a number of property offences – Crown case based entirely on CCTV footage – jury invited to compare person depicted in CCTV footage with photographs of Appellant – significant difficulties with quality of CCTV evidence – Crown concedes errors in trial and that verdicts were unreasonable – Court holds that verdicts were unreasonable and not supported by the evidence – appeal allowed, verdicts and sentences quashed and verdicts of acquittal entered Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: M v The Queen [1994] HCA 63; 181 CLR 487 Pitkin v The Queen [1995] HCA 30; 80 A Crim R 302 R v Harker [2004] NSWCCA 427 SKA v The Queen [2011] HCA 13; 243 CLR 400 Smith v The Queen [2001] HCA 50; 206 CLR 650 Texts Cited: --- Category: Principal judgment Parties: Richard James Slater (Appellant) Regina (Respondent) Representation: Counsel: Ms HL Cox (Appellant) Mr E Balodis (Respondent)